Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40729 of 2020 Arising Out of PS. Case No.-3 Year-2020 Thana- MAHILA P.S. District- Patna ====================================================== AKHILESH KUMAR Son of Sri Jitendra Kumar @ Vijay Lal Resident of Village - Brahmpur, P.S.- Phulwarisharif, Distt.- Patna. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

SANGITA DEVI W/o Sri Akhilesh Kumar Resident of Village - C/o santosh Kumar Saw, House No.1606/1, Shyama jee palli, P.S.- Naihatti, Distt.- Pargana, (West Bengal), Pin 743165 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-08-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioner is apprehending his arrest in Mahila P.S. Case No. 03 of 2020 registered under Sections 498A, 504, 506/34 of the Indian Penal Code.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.40729 of 2020(2) dt.23-08-2021 2/3 petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The offences are triable by Magistrate. The petitioner is husband of the victim. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of Smt. Madhavi Singh, learned Judicial Magistrate-Ist Class, Patna in connection with Mahila P.S. Case No. 03 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

Patna High Court CR. MISC. No.40729 of 2020(2) dt.23-08-2021 3/3 If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

(Sudhir Singh, J) A.K.V.//- U T